SalonBuilder.com Participation Agreement & Terms of Use

Last Updated: May 25, 2018.
  1. Acceptance of Terms
    This is a legal agreement ("Agreement") between you, the user, together with any company or other business entity you are representing, if any (collectively, the "Member") and Elaborative Technologies Ltd. d/b/a SalonBuilder ("SalonBuilder"). This Agreement governs the access and use of all products and services, including but not limited to SalonBuilder Web Sites, for which Member registers and which are provided by or through any web site or co-branded web site owned or controlled by Elaborative Technologies Inc., or any successor web sites (collectively, the "Service"). IF MEMBER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE, USE OR ACCESS THE SERVICE.

    The Service is offered to Member conditioned upon Member's acceptance without modification of this Agreement. Member acknowledges that, from time to time, it may be necessary for SalonBuilder to update or revise certain provisions of the Agreement. By signing up for any SalonBuilder Service and accepting this Agreement, Member agrees that SalonBuilder may change the terms of the Agreement in its sole discretion without specific notice to Member. If Member does not agree to the changes proposed by SalonBuilder, or to any terms in this Agreement, Member's sole and exclusive remedy is to cancel Member's SalonBuilder Service ("Member's Account"). Notwithstanding the foregoing, SalonBuilder reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.

  2. General Use of the Service
    Member shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. Member agrees that Member will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site or product, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use as contemplated in any Service, including but not limited to the creation or operation of Member created Web sites, (collectively, "Member Site") in accordance with this Agreement. This means, among other activities, that Member agrees not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. Member agrees that Member will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. Member may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with the written permission of SalonBuilder, Member agrees that Member will not access or attempt to access password protected, secure or non-public areas of the Service. If Member attempts to access prohibited areas of the Service, Member may be subject to prosecution.

  3. Privacy Policy and GDPR Compliance Member has read and understands the SalonBuilder Privacy Policy, and the EU General Data Protection Rules (GDPR Rules) and agrees to enforce all of the policies, rules and regulations discussed in the SalonBuilder Privacy Policy, and EU General Data Protection Rules. All conditions of the SalonBuilder Privacy Policy must be upheld and enforced by all SalonBuilder Members. Member agrees to idemnify SalonBuilder against any and all claims arising from possible Member violations of GDPR rules, including but not limited to, sharing or mis-use of consumer information, unauthorized solicitation, sending of e-mails, or any other unauthorized use of consumer name, address, email or other personally identifiable information.

  4. Use of Optional Features Member agrees that any optional features may be activated by the member for additional monthly charges including fixed charges and/or transaction based fee structures. Member agrees to utilize all features in accordance with the rules of this agreement and to maintain internal security measure to prevent unauthorized access to any information submitted via any data collection forms and related functions on the member web site. Member agrees to keep all customer data secure and private, and to never sell, transfer, give or make available any consumer information to any third party, without express written consent of the affected consumer and SalonBuilder. Information prohibited from being shared includes but is not limited to consumer's name, physical address, email address, credit card information, personal preference information, purchasing history, or service history. In the event that any SalonBuilder feature collects and stores credit card data, that data shall be available for no more than ten days from the date of the transaction. It is the Member's responsibility to promptly charge the credit cards in the amounts shown for all online transations. Failure to do so may result in loss of payment data due to security protocols. If member chooses to utilize any data collection features on member's web site, member agrees to update member's password at least once per calendar year to ensure security of member's login. In addition to these conditions, member agrees to the following specific conditions for optional features:
    1. Appointment Requests: Member agrees to check for new appointment requests at least once per business week by logging in to the SalonBuilder secure tools system. Member shall make a reasonable attempt to give the requested times to clients based on availability of service providers. Member agrees to periodically update member's staff list and services list to ensure accuracy of the appointment request form. Member agrees to clearly communicate member's cancellation policy and outline any charges that may result to a consumer due to failure to appear for a scheduled appointment.
    2. Gift Certificate Purchasing System: Member agrees to check for new gift certificate requests at least once per business week by logging in to the SalonBuilder secure tools system. Member shall fulfill all gift certificate requests within one business week of sale date using the tools provided. Member agrees to process all sales through use of provided sales and report the fulfillment status of all gift sales promptly. Member agrees to send gift certificates to customers at the using the requested delivery method. It is recommended that member ships gift certificates using USPS Certified Mail, Priority Mail, UPS or FedEx, to ensure that delivery can be verified. Member agrees to promptly mark shipped certificates as fulfilled and to promptly void any sales that were declined from the credit card processor.
    3. Just In Time Gift Sales: In addition to the terms for Gift Certificate Purchasing above, additional terms apply to use of the Just In Time Gift Sales feature. Member agrees to check for new gift sales requests at least once per business day by logging in to the SalonBuilder secure tools system. It is critical that member processes all Just In Time certificate orders as quickly as possible to ensure funds are captured before the certificate is attempted to be redeemed. Member agrees to notify the purchaser and resolve any declined charges before voiding a Just In Time certificate. Failure to process a charge promptly may result in a customer traveling to the salon with a gift certificate which has not been paid for yet. In this event, it is possible that the certficate charge could be declined, in which case the customer would be unable to redeem the certificate. Salonbuilder assumes no responsibility for failure of member to charge for services before service are rendered. Member agrees that it is not the fault of SalonBuilder if a certificate is presented for redemption before funds have been captured. Member agrees to always mark certificates as redeemed as soon as possible after the certificate is redeemed. Failure to mark a certificate as redeeemed may result in the same certificate being redeemed multiple times. Member agrees that it is not the fault of SalonBuilder if a customer redeems the same certificate multuiple times. Member agrees to keep track of all redeemed certificates and ensure that certificates are unredeemed before providing a service. Member agrees to mark all authorized sales on the secure tools area accurately. Member must report the status of all sales using the online tools. SalonBuilder's transaction charges are based on the ionformation reported in the secure tools. Repeated failure to mark sales as authorized and captured constitutes fraud. SalonBuilder may conduct periodic audits on member accounts to verify that funds are being captured and reported accurately.Failure to do so may result in cancellation of your membership and/or collection activity.
    4. E-Commerce: Member agrees to check for new product sales at least once per business week. Member shall fulfill all product sales within one business week of sale date using the tools provided. Member agrees to process all sales through use of provided tools and report the fulfillment status of all sales promptly. Member agrees to send products to customers using the requested delivery method. It is recommended that member ships products using USPS Certified Mail, Priority Mail, UPS or FedEx, to ensure that delivery can be verified. Member agrees to promptly mark shipped sales as fulfilled and to promptly void any sales that were declined from the credit card processor. Member agrees to indemnify SalonBuilder from any and all claims arising from the improper fulfillment of orders, incorrect collection of funds, or any damages resulting from use of this system. Member agrees that it is member's responsibility to collect applicable sales taxes, levies, and fees as prescribed by member's local, state and federal tax authority. SalonBuilder assumes no liability for failure to collect taxes levies, or fees on products. Member agrees to advertise and sell only products that member has been authorized to sell online. Member agrees not to use the e-commerce system for purposes of product diversion or redistribution. Member agrees that e-commerce system will be used ONLY for consumer sales of products and not for wholesale purposes. Member agrees to use only product imagery authorized for use on the web and owned by member or allowed in writing by the owner of the imagery. Member agrees to update catalog at least once per calendar year to update stock levels and pricing changes.
    5. Multimedia Photo Gallery: Member agrees to post only images that are owned by member or specifically authorized in writing for use on member's web site. Member agrees not to post any offensive, scandalous, libelous, or indecent images as defined by community standards. Member agrees to keep on file all applicable model release forms and related docmentation for any member-owned imagery depicting models or recognizable persons.
    6. Multi-Location Features: Member agrees to utilize multi-location features to advertise additional physical presences owned and operated by the same corporation, franchise, partnership, or proprietor as registered on SalonBuilder. Member agrees to check and update location information at least once per calendar year and ensure all contact information entered is accurate and correct.

  5. Charges Billing and Advertisements
    SalonBuilder reserves the right to charge fees for the Service or any portion thereof and any applicable fees will be posted on the SalonBuilder Web Site. If Member is required to pay a fee for all or any part of the Service for which Member has chosen to register. Member hereby authorizes SalonBuilder to charge Member's valid and current credit or debit card in advance for all applicable fees incurred by Member in connection with Member's chosen Service and Member's Account. Member's Service and Account will automatically renew at the end of each subscription period, unless the Service or Member Account is terminated in advance of the end of the then-current term. If there are any annual, monthly or similar periodic subscription fees associated with the Member Account, these fees will be billed automatically to the Member's designated valid and current credit or debit card at the start of each renewal period, unless Member terminates the Service before the relevant period begins. If Member registered for the Service using a SalonBuilder promotional code or discount, after the initial promotional period expires, Member's subscription (base package and any purchased upgrades) will automatically be renewed and billing will continue at the then-current prices for the Service. Member further acknowledges that it is Member's responsibility to notify SalonBuilder of any changes to Member's credit card and to update Member's credit card number if Member's credit card has expired otherwise Member's access to the Service may be disconnected or interrupted. All fees shall be paid in U.S. dollars. SalonBuilder shall consider ownership of an account and its constituent site(s) to be the identity of the person providing payment; or for free trial sites, the identity of the person registered for the trial period.

    SalonBuilder reserves the right to change any fees (which includes but is not limited to, increasing prices and charging a fee for upgrades and/or a Service for which SalonBuilder does not currently charge a fee) at any time, provided, however, that SalonBuilder will provide Member with reasonable notice prior to making any fee changes. In addition, SalonBuilder will also give Member reasonable notice before any modification to the Service that could adversely impact Member's Site(s). If Member finds any change to the Service to be unacceptable, Member is free to cancel any part of the Service or Member's Account at any time, but SalonBuilder will not refund any remaining portion of Member's pre-paid fees when Member cancels any part of the Service or Member's Account and Member may be charged a cancellation fee.

    Member agrees to pay Member's Account balance on time. Member also agrees to pay any taxes, including sales or use taxes, resulting from Member's use of the Service. Member is responsible and liable for any fees, including attorney and collection fees, that SalonBuilder may incur in its efforts to collect any remaining balances due from Member. This Section 3 shall in no way limit any other remedies available to SalonBuilder. Member also acknowledges and agrees that Member will be billed for and will pay any outstanding balances if Member cancels Member's Account or Member's Account is terminated due to Member's breach of this Agreement. Member must notify SalonBuilder of any billing problems or discrepancies within sixty (60) days after they first appear on Member's credit card account statement. If Member does not notify SalonBuilder within sixty (60) days, Member waives any right to dispute such problems or discrepancies.

    If Member has registered for a trial of a Service ("Trial Period"), Member will have the entire Trial Period within which to purchase the Service Member is using in order to retain any Member Content (as defined below) that is on the Member Site(s) that Member built during the Trial Period. If Member has not purchased the Service by the end of the Trial Period, all of the Member Content will be deleted. SalonBuilder is not responsible for any damages to Member in the event Member decide not to purchase the Service and SalonBuilder deletes the Member Content after the Trial Period expires.

    SalonBuilder may show advertisements on any portion of the Service which it provides to Members free of charge, excluding limited timed free trial accounts. Please see section nine (9) of this Agreement for more information regarding third party advertising content.

  6. SalonBuilder Support Services
    SalonBuilder offers email and phone support services. Members in good standing may submit an unlimited amount of support related questions or concerns by email. In the event that a customer is eligible for telephone support at no additional charge, such support service is limited to technical questions only. Questions related to, but not limited to, design, search engine optimization, marketing planning or similar services shall not be included in the phone support services.

    Customer may contact SalonBuilder Support at: membership@salonbuilder.com

  7. Member Registration/Privacy Policy
    In order for Member to participate in the Service, SalonBuilder will require Member to provide specific information about Member and/or and Member's business. If Member chooses to become a customer, Member agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing Member's affiliation with any person or entity. Member shall maintain a valid email address at all times. Member shall be responsible for maintaining the confidentiality of Member's Account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. Member shall be responsible for all actions by such users, including without limitation former employees and former partners, and shall indemnify SalonBuilder for such actions as set forth in Section 14.

    Any information supplied by Member upon registering for the Service and any other information about Member and/or Member's business (collectively, "Member Data") is subject to SalonBuilder's Privacy Policy. SalonBuilder will send Member newsletters and email messages to inform Member of new products, promotions, features and helpful tips for SalonBuilder services. SalonBuilder will also use email to inform Member of important policy changes or subscription renewal notices.

  8. Member Account Limitations
    Member hereby acknowledges that SalonBuilder may, from time to time, establish general practices and limits concerning the use of the Service, including without limitation, (a) the maximum number of days that email messages, guest book entries, discussion board postings or other content posted on the Member Web Site will be retained by SalonBuilder, (b) maximum limits on bandwidth usage that will be allotted to Member, (c) maximum limits on storage space, (d) the maximum number of Web services per Member Account, (e) maximum number of photographs or other data according to the type of Member Account, (f) maximum limits on the number of pages within each Member Web Site, and (g) maximum time limitations for the retention of Member Content following a Trial Period or account cancellation. SalonBuilder further reserves the right to delete at any time without prior notice duplicate images uploaded for printing. Any of the foregoing limits will be consistent with the Service (including any upgrades) for which Member has registered. Member agrees that SalonBuilder has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. Member further acknowledges and agrees that SalonBuilder reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. SalonBuilder reserves the right to charge member for any third party fees associated with the creation of additional sites, including but not limited to domain registration fees. Additionally, in the event a Member purchases a Custom Design, Member agrees that a Member in good standing may transfer the complete Custom Design to another service provider, but may not otherwise without express written permission from SalonBuilder, sublicense, resell, distribute, decompile, disassemble or reverse engineer the purchased Custom Design.

  9. Content Submitted to SalonBuilder
    The Service includes a number of venues such as Member sites, Discussion Boards and/or other message or communication facilities designed to enable Members to disseminate and exchange thoughts and opinions to and with other users or the public. Although SalonBuilder firmly believes in the value of free and open dissemination and exchanges; however, it is under no obligation, but does reserve the right, to monitor, pre-screen, or otherwise remove any content stored in its servers. Therefore, SalonBuilder cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Member acknowledges that Member should always use caution when posting any personally identifying information about Member or Member's employees on the Service, the Member Site, or any other user sites.

  10. Member Conduct
    Member's right to use the Service is personal to Member and Member's company and its employees (if applicable). Member, and not SalonBuilder, is entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Member Content") posted via the Service. Member, and not SalonBuilder, is also responsible for compliance with all laws, regulations and ordinances connected with all aspects of Member's use of the Service. Member shall not use the Service for any illegal purpose in violation of any local, state, federal or international law. Member must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (collectively, "Information and Actions") in connection with Member's use of the Service. If the Service does not provide adequate facility or features for Member to provide such Information and Actions, then Member shall not use the Service.

    SalonBuilder does not control or monitor the Member Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. SalonBuilder reserves the right, but is not obligated to review the Member Content posted via the Service and to refuse or remove any such materials in its sole discretion, without notice at any time. SalonBuilder also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the Member Content in SalonBuilder's sole discretion. With respect to the content on the Member Web Site, Member agrees not to:
    1. post, upload or otherwise transmit any content which is misleading to others or impersonate any person or entity or falsely state or otherwise misrepresent Member's affiliation with a person or entity to others, including, but not limited to, consumers;
    2. post, upload or otherwise transmit any content that is threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially and ethnically objectionable;
    3. post, upload or otherwise transmit any content that Member does not have a right to post and transmit under any law or under contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    4. post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    5. post, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or attempt to access the accounts of others, or attempt to penetrate security measures of SalonBuilder, its vendors or suppliers or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data;
    6. post, upload or otherwise transmit any materials that impose an unreasonable or disproportionately large load on SalonBuilder's infrastructure that exceed the limits provided by the Service for which Member registered;
    7. post, upload or transmit any unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    8. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
    9. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
    10. forge any headers or other manipulation of identifiers in order to disguise the origin of any content transmitted through the Service;
    11. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; or
    12. sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, liquor, tobacco products and any other products or services that (i) Member cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via the Member Web Site could cause SalonBuilder to violate any law, statute or regulation.
    13. post or disclose any personal or private information or images about children or any third party without their consent (or a parent's consent in the case of a minor).


    SalonBuilder may terminate Member's account for failure to comply with the above listed rules of Member Conduct.

  11. Third Party Content
    For Member's convenience, the Service may contain products, services, content and information from third party providers (which includes advertisers and affiliates) and/or links to their Web sites ("Third Party Content"). Such Third Party Content is not under the control of SalonBuilder and SalonBuilder is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. SalonBuilder is under no obligation, but does reserve the right to pre-screen Third Part Content available on the Service and does not assume any responsibility or liability for the content provided by others. SalonBuilder is providing such Third Party Content to Member only as a convenience, and the inclusion of such content does not imply endorsement by SalonBuilder of such content or the affiliate or advertiser. Member may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites. SalonBuilder does reserve the right to remove content that, in SalonBuilder's judgment, does not meet its standards, but SalonBuilder is not responsible for any failure or delay in removing such material.

    SalonBuilder is not and will not be responsible for (i) the terms and conditions of any transaction between Member and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that Member has a dispute with any such third party, Member releases SalonBuilder (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

  12. DISCLAIMER OF WARRANTIES.
    MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) MEMBER'S USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. SALONBUILDER AND ITS SUPPLIERS PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, AND THE MEMBER SITE(S) "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
    (B) SALONBUILDER AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY MEMBER THROUGH THE SERVICE WILL MEET MEMBER'S EXPECTATIONS.
    (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, OR MEMBER SITES IS DONE AT MEMBER'S OWN DISCRETION AND RISK, AND MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

  13. LIMITATION OF LIABILITY
    IN NO EVENT SHALL SALONBUILDER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF SALONBUILDER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO MEMBER. IN NO EVENT SHALL SALONBUILDER'S AGGREGATE LIABILITY TO MEMBER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT MEMBER ACTUALLY PAYS TO SALONBUILDER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS. Without limiting the foregoing, neither SalonBuilder nor its suppliers is responsible for any of Member's data residing on the Service or SalonBuilder's suppliers' hardware. Member is responsible for backing-up Member's data and information that may reside on the Service or SalonBuilder's suppliers' hardware, whether or not such information is produced through the use of the Service. It is Member's responsibility to take the necessary steps to ensure that Member's primary means of business is maintained (if applicable).

  14. Additional Representations and Warranties.
    You represent, warrant, and covenant that (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years of age; and, (c) you will only use the SalonBuilder Sites in accordance with these Terms of Service.

  15. Proprietary Rights to Member Content
    SalonBuilder does not claim ownership of the Member Content that Member provides to SalonBuilder and/or places on the Member Site. However, Member grants SalonBuilder a worldwide, royalty-free, non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display the Member Content on and through the Service and in SalonBuilder's promotional or advertising materials (only for the limited purpose of promoting the Service), and (ii) sublicense to third parties such Member Content to the extent necessary for the creation and maintenance of, in part or in whole, such Web sites. No compensation will be paid or due Member with respect to SalonBuilder's or its sublicensee's use of the materials as licensed above. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any Member Site, Member warrants and represents that Member owns or otherwise controls the rights necessary to do so and to grant SalonBuilder the license set forth above, and, pursuant to the terms set forth in Section 14, Member will defend and indemnify SalonBuilder and its suppliers from any third party claim related to a breach of any of the foregoing representations and warranties.

  16. SalonBuilder Proprietary Rights/Software Licenses
    Member acknowledges and hereby agrees that the Service and any software used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Member further acknowledges and agrees that content contained in sponsor advertisements or information presented to Member through the Service, advertisers and/or Discussion Boards is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws.

    SalonBuilder provides Member with a non-exclusive, non-transferable, limited license to use the Software, which Member agrees to use in accordance with this Agreement. Member may not sub-license or charge others to use or access the Software without first obtaining written permission or a written agreement from SalonBuilder. The Software is owned by SalonBuilder and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of SalonBuilder and its suppliers and are protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. MEMBER MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.

  17. Indemnification
    Member agrees to indemnify and hold SalonBuilder and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) Member's breach of this Agreement; (ii) any information (including but not limited to Member Content and Member's publicly posted information) submitted, posted, or otherwise provided by Member at the Member Site and/or to SalonBuilder and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by Member's actions; and (iv) Member's negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of Member's relationship with SalonBuilder or Member's use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of SalonBuilder and/or its suppliers, affiliates, partners, subsidiaries and employees.

  18. Copyright and Trademark Notices
    All materials of the Service and the Software (as well as the organization and layout of the Service are owned and copyrighted or licensed by SalonBuilder, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the SalonBuilder (and any successor Web sites or additional Web sites or any co-branded Web sites), and/or the Software, is permitted without the written permission of SalonBuilder. Any rights not expressly granted herein are reserved.

  19. Notification of Claims of Copyright Infringement
    Any notifications of claimed copyright infringement should be sent to membership@salonbuilder.com .

  20. Modification of the Service
    SalonBuilder reserves the right, at its sole discretion, to, at any time, modify, or discontinue the Service, temporarily or permanently, (or any part thereof), including the imposition of limits on certain features and services or restriction of access to parts or all of the Service, with or without notice. Member agrees that SalonBuilder shall not be liable to Member or to any third party for any modification, suspension or discontinuance of the Service. Member further agrees that SalonBuilder shall have the right to remove any feature from the Member Site, with or without notice to Member, at any time at SalonBuilder's sole discretion, if SalonBuilder discontinues offering the feature for any reason. If Member does not agree to any such modifications, Member's sole and exclusive remedy is to cancel Member's Account.

  21. Termination/Cancellation of Member Account
    Either Member or SalonBuilder may terminate or cancel Member's Account (or any part of the Service) at any time, but SalonBuilder will not refund any pre-paid fees upon such termination or cancellation.
    1. Termination by Member. Member may cancel your Member Account or any part of the Service at any time. To cancel your Service, Member must use the member cancellation tool provided in the help section of the SalonBuilder site, or email membership@SalonBuilder.com. Member will receive a cancellation confirmation via email after SalonBuilder processes Member's cancellation request.
    2. Termination by SalonBuilder. SalonBuilder may terminate Member's Service or Member's Account if SalonBuilder determines, in SalonBuilder's sole discretion, to discontinue offering the Service. Additionally, SalonBuilder, in its sole discretion, may terminate Member's Site, Member's Account or Member's use of the Service for any reason, including, without limitation, (i) if Member breaches this Agreement, (ii) if SalonBuilder is unable to verify or authenticate any information that Member provides to SalonBuilder, or (iii) if SalonBuilder believes that Member has violated or acted inconsistently with the spirit of this Agreement.
    3. Data Storage and Access.
      It is the member's responsibility to collect any content, data, images, sales records, appointment records, or other information collected or stored on SalonBuilder servers as needed by Member before cancellation. SalonBuilder does not provide access to, retain, or store Member content after termination of Member Accounts. Member content and data may be securely stored after account termination at the sole discretion of SalonBuilder.
    4. Effect of Termination. Upon termination of Member's Account for any reason, SalonBuilder reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by Member; (b) delete any Member Content, listings, messages or other information in connection with Member's Account; (c) prohibit Member's access to Member's Account, including without limitation by deactivating Member's password; and (d) refuse Member future access to the Service. In no event shall SalonBuilder be required to refund, redeem, or pay amounts to Member upon termination of Service or return any Member Content.


    Member understands and agrees that the cancellation of Member's Account is Member's sole right and remedy with respect to any dispute with SalonBuilder. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or SalonBuilder's enforcement or application of any such term; (2) any policy or practice of SalonBuilder, including SalonBuilder's Privacy Policy and Copyright Policy, or SalonBuilder's enforcement or application of these policies; (3) the content available through the Service or any change in content provided through the Service; (4) Members' ability to access or use the Service or Member's Web Site; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods or change to the fees, applicable taxes, surcharges or billing methods, if any.

  22. Notice
    Statements, notices and other communications to Member may be made by mail, email, postings within Member's account or other reasonable means. Member shall be solely responsible for updating the account's registered email and postal address. SalonBuilder shall not be responsible for any undelivered notices caused by Member's failure to update the account information. SalonBuilder may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices generally on the SalonBuilder Web Site.

  23. Arbitration/ Jurisdiction
    Member agrees that any dispute or claim arising out of or related to the Service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Sonoma County, California under the American Arbitration Association Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. Member agrees that any claim against SalonBuilder must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be barred forever.

    Notwithstanding the above, SalonBuilder may apply to any court of competent jurisdiction (i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary, including without limitation for breach of Section 13 (SalonBuilder Proprietary Rights/Software License) or (ii) to collect fees due and owing from Member pursuant to this Agreement, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.

    This Agreement shall be governed in all respects by the laws of the State of California, U.S.A. Such law shall be applied by the arbitrator to the merits of any dispute or claim. For any non-arbitral action or proceeding arising out of or related to the Service or this Agreement, both parties submit to sole and exclusive jurisdiction and venue in the courts located in Santa Clara County, California and further agree that any such action or proceeding shall be brought in a court in Santa Clara County, California.

    A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  24. General
    If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. SalonBuilder's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Member shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of SalonBuilder, and any such attempted assignment shall be void. SalonBuilder shall have the right to freely assign this Agreement, and its rights and obligations hereunder, to any third party without requiring the consent or notice of Member. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. This Agreement sets forth the entire understanding and agreement between SalonBuilder and Member with respect to the subject matter hereof. The section and subsection titles in the Agreement are for convenience only and have no legal or contractual effect. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.

    The Services hereunder are offered by Elaborative Technologies Ltd., located at 2425 Cleveland Ave Suite 230, Santa Rosa, CA, 95403.

  25. Information for California Residents
    Under California Civil Code Section 1789.3, California Members are entitled to the following specific consumer rights information:
    1. Pricing Information - Current rates for using the Services may be obtained by going to the home page on the SalonBuilder Web Site, or the My Website home page within the Members area. Additionally, Fees may be specified in a separate agreement. SalonBuilder reserves the right to change any fees, surcharges, and/or monthly Member fees or to institute new fees at any time.
    2. Complaints - The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
  26. Violations
    Please report any violations of this Agreement to membership@salonbuilder.com

  27. Independent Review
    MEMBER ACKNOWLEDGES THAT MEMBER HAS READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT MEMBER AGREES TO ALL ITS TERMS AND CONDITIONS. MEMBER HAS INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.


Service-Specific Terms: The following terms apply in addition to paragraphs 1-25 if Member has purchased a Service package which includes the particular service described. SalonBuilder may change service providers or stop providing the following services at any time without notice to Member; and Member shall permit SalonBuilder to act as its agent with respect to the following services:

  1. Internet Domain Names
    SalonBuilder has chosen independent Third Party Domain Name Vendors ("TPDNVs") who are ICANN accredited registrars, to provide domain name registration services. Member hereby authorizes SalonBuilder if requested, to transfer in or acquire Member's selected domain name from TPDNVs. In order to receive a domain name, Member must agree and remain agreeable through the use of the Domain Name, to the TPDNVs' terms of service which the TPDNVs may change at any time in their sole discretion to the TPDNVs' terms of service. Member understands that Member is creating a separate contractual relationship between Member and the TPDNVs, and that Member, and not SalonBuilder, is responsible for all liability, and obligations in connection with that relationship.

    If, after registering one or more domain names that are included with any SalonBuilder Service package, because of a customer's incorrect registration of a domain name or otherwise, member chooses to delete a previously registered domain name and subsequently register one or more additional different Domain Names, Customer will be charged the resulting Domain Name registration fees.

    Member will be listed as the registrant and administrative contact in connection with Member's domain name; however, SalonBuilder may temporarily list itself as the registrant and administrative contact in the event that it changes to a different TPDNVs until the TPDNVs change is completed. Member hereby authorizes SalonBuilder to list itself as the billing contact, technical contact and name servers in connection with Member's domain name and to take any actions SalonBuilder deems appropriate in those capacities. However, upon termination of the Service, SalonBuilder will immediately cease acting in those capacities including switching registrars. After such time, SalonBuilder will not be responsible to forward any notices, emails or other correspondence to Member or to take any other actions in connection with Member's domain name. Additionally, in the event that a Member account is suspended by SalonBuilder for lack of payment or any other reason, SalonBuilder shall not renew any domain names that may become due for renewal during the suspension of the account. Member will be solely responsible for all ongoing fees, as well as removing SalonBuilder as the billing, technical contact and name servers in connection with Member's domain name.

  2. Email.
    Some SalonBuilder accounts may have Email services. In the event that Email Services are utilized, the following acceptable use policy is applicable:

  3. Definitions
    1. "User" refers to the person or business entity that has contracted with SalonBuilder for email services.
    2. "End User" refers to the person, persons, or entity using a specific account (designated by a unique email address) within a domain controlled by User and operated by SalonBuilder.


  4. Access to Email
    In the event that SalonBuilder hosts email accounts for any User, no warrantee is given that email accounts will be accessible at any time. SalonBuilder reserves the right to deny POP3, IMAP or web client access to the email system at any time for any reason at SalonBuilders’ sole discretion. SalonBuilder does not provide technical support for configuration of email clients including but not limited to Outlook, Outlook Express, Eudora, Thunderbird, Entourage, or any other mail program. SalonBuilder may provide a web based client to access email via an internet browser. In the event that such access is given, it is the sole responsibility of the User to maintain access to this web client and periodically download mail. SalonBuilder reserves the right to delete, archive, or otherwise make unavailable any email messages delivered to the Users account for any reason at SalonBuilder’s sole discretion.

  5. Unsolicited Bulk Email
    Any User who sends unsolicited advertisements or solicitations, commercial or otherwise, may have its account disabled and be disallowed further service. The User is responsible for ensuring that its End Users use the email services obtained from SalonBuilder in an appropriate manner. Therefore, the User must take steps to manage the use of the services obtained in such a way that network abuse is minimized. The User must also make contact information publicly available, and must respond in a timely manner to any complaints. SalonBuilder shall consider any complaints regarding the User's End Users to apply to the User. In extreme cases, SalonBuilder operations personnel have the option to immediately disable any User account in order to forestall further abuse or damage to email systems. Should this occur, the User shall be notified as soon as possible.

    Unsolicited advertisements or solicitations sent from other networks which reference email accounts hosted at SalonBuilder shall be treated as if they originated from the account referenced, unless there is sufficient reason given for SalonBuilder operations staff to believe that the message truly originated with some unrelated party. Likewise, postings made to the usenet newsgroups or other online forums which reference email accounts hosted at SalonBuilder, and are deemed to be inappropriate according to the local ethical standards of that forum, may be treated in the same manner as unsolicited bulk email above.

  6. Filtering of Incoming Email
    As owner of the equipment and other resources utilized to provide services, SalonBuilder has the legal right to block electronic communications from other entities on the Internet. Users should be aware that such blocking or filtering might take place if deemed necessary by designated members of the SalonBuilder operations staff (or a third party chosen by SalonBuilder and made known to the User). Whenever possible, the party being blocked shall be made aware of such action before it occurs.

  7. Illegal Activities
    Email services offered may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or of state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. SalonBuilder and the TPESV reserve the right to cooperate with law enforcement and other legal authorities in investigating claims of illegal activity.

  8. Right to Damages
    SalonBuilder considers most instances of unsolicited bulk email to be a theft of services and reserve the right to prosecute originators of same in a court of law SalonBuilder reserves the right to collect damages (software, hardware, and man hours) if any harm is done to SalonBuilders network or equipment that requires repair or reconfiguration of any kind. If deemed appropriate by SalonBuilder, User will be billed not less than $500 per individual complaint received by SalonBuilder staff. In addition, SalonBuilder reserves the right to collect punitive damages in recompense for any perceived loss of brand reputation.

    Nothing contained in this Section 27 shall be construed to limit action SalonBuilder may take or remedies available to SalonBuilder in any way with respect to any of the described conduct. SalonBuilder reserves the right to take any additional actions SalonBuilder considers appropriate with respect to such conduct, including without limitation taking action to recover costs and expenses of identifying offenders and removing them from SalonBuilder network or systems, and levying cancellation charges to cover costs in the event of disconnection for the causes outlined in this Agreement. In addition, SalonBuilder reserve at all times all rights and remedies available to SalonBuilder with respect to such conduct at law or in equity. Non-enforcement of any term or condition herein does not constitute consent or waiver, and SalonBuilder reserves the right to enforce such term or condition at its sole discretion.



Bulk Mailing Policy
The following are the guidelines for all mass mailings by User, or a third party contracted on behalf of User to send mass mailings to End Users.
  1. Policy objectives: The goals of this mass mailing policy include, but are not limited to, the following issues: controlling mailing rates that stress systems; eliminating service degradations; mitigating the thousands of bounce messages in mail queues that delay mail delivery; mitigating invalid return address information; and eliminating mass mailings during peak business hours.

  2. Definitions :
    1. "Opt-in" bulk mailings are those which are to more than 200 End Users by either Users or their third party partner to any group of End Users. Opt-in means that the End User has signed up for mailings voluntarily. "Opt-in" implies that the mailing is not SPAM (defined below).
    2. "SPAM" is defined as unsolicited bulk email that includes advertisements or solicitations, commercial or otherwise, regardless of content. Without exception, SalonBuilder prohibits the practice of mass-mailing unwanted email solicitations of any type, regardless of content, and will take action to prevent this practice.

  3. Mass Mailing Requirements:
    1. SalonBuilder May provide tools for member to mass mail to valid opt-in recipients. In the case that this service is offered, only the tools provided by SalonBuilder may be used to mass mail through SalonBuilder servers or equipment.
    2. SalonBuilder does not warrantee the mass mailing system’s availability and proper functioning, no guarantee is that mail sent through these tools will be delivered as expected.
    3. Mail send rate: Mass mailings will be done at a maximum rate of 5 messages/second.
    4. Use of appropriate servers for originating mailings: use of SalonBuilder or its suppliers' hosted SMTP servers for mass mailings is strictly prohibited.
    5. Delivery of mass mailings: (i.e. mass mailing sent by a domain hosted or not hosted by SalonBuilder to domains hosted by SalonBuilder) all mass mailings must be delivered through SalonBuilder or its suppliers' inbound MX machines. All mass mailings sent through SalonBuilder or its suppliers' SMTP servers will not be delivered.
    6. Allowable send times: mass mailings will be started and completed between 9pm and 5am US Pacific Time.

  4. Failure to Comply with Mass Mailing Requirements. Failure to comply with the conditions set forth above may result in any or all of the following:
    1. Blocking of the mailing currently causing the problems/complaints.
    2. Blocking of future mailings until the above requirements are satisfied. (Or until there is an agreement or special dispensation made by the SalonBuilder Abuse Administrator)
    3. If no "abuse contact" is provided to SalonBuilder, SalonBuilder reserves the right to block mailings without notifying User as necessary.
    4. SalonBuilder reserves the right to suspend or terminate accounts for breaches of SalonBuilder's Mass Mailing Policy.
SalonBuilder reserves the right to suspend or terminate accounts for breaches of SalonBuilder's Mass Mailing Policy.